Department of Homeland Security U.S.
Citizenship and Immigration Services
OMB #1615-0012; Expires 11/30/07
Read the instructions carefully. If you do not follow the instructions, the U.S. Citizenship and Immigration Services (USCIS) mayhave to return your petition, which may delay final action. NOTE: USCIS is comprised of offices of the former Immigration andNaturalization Service.
A citizen or lawful permanent resident of the United
Statesmay file this form with the U.S. Citizenship and
ImmigrationServices (USCIS) to establish a relationship to
States.
A.
If you are a citizen, you may file this form for:
1) Your husband, wife or unmarried child under 21 years old; 2) Your parent if you are at least 21 years old; 3) Your unmarried son or daughter over 21 years old; 4) Your married son or daughter of any age; 5) Your brother or sister if you are at least 21 years old.
B.
If you are a lawful permanent resident, you may file
2) Your unmarried child under 21 years of age; 3)
Your unmarried son or daughter over 21 years of age.
2) You can establish by clear and convincing evidencethat the prior marriage through which you gained yourimmigrant status was not entered into for the purposeof evading any provision of the immigration laws; or
3) Your prior marriage through which you gained yourimmigrant status was terminated by the death of yourformer spouse.
F. A husband or wife, if he or she was in exclusion,deportation, removal, rescission or judicial proceedingsregarding his or her right to remain in the
United Stateswhen the marriage took place, unless such spouse hasresided outside the United States for a two-year periodafter the date of the marriage.
G.
A husband or wife, if it has been legally determined thatsuch an alien has attempted or conspired to enter into amarriage for the purpose of evading the immigrationlaws.
H.
A grandparent, grandchild, nephew, niece, uncle, aunt,cousin or in-law.
If your relative qualifies under paragraph A(3) , A(4) or
A(5) above, separate petitions are not required for his or herhusband or wife or unmarried children under 21 years ofage.
If your relative qualifies under paragraph B(2) or
B(3) above, separate petitions are not required for his or herunmarried children under 21 years of age.
The persons described above under this NOTE will be ableto apply for an immigrant visa along with your relative.
You may not file for a person in the following categories:
A. Type of print legibly in black ink.
B. If extra space is needed to complete any item, attach acontinuation sheet, indicate the item number, and date andsign each sheet.
C. Answer all questions fully and accurately. If any itemdoes not apply, write "N/A."
D. Translations . Any foreign language document must beaccompanied by a full English translation that thetranslator has certified as complete and correct, and by thetranslator's certification that he or she is competent totranslate the foreign language into English.
A. An adoptive parent or adopted child, if the adoption tookplace after the child's 16th birthday, or if the child has notbeen in the legal custody and living with the parent(s) forat least two years.
B. A natural parent, if the United States citizen son ordaughter gained permanent residence through adoption.
C. A stepparent or stepchild, if the marriage that created therelationship took place after the child's 18th birthday.
D. A husband or wife, if you and your spouse were not bothphysically present at the marriage ceremony, and themarriage was not consummated.
E. A husband or wife, if you gained lawful permanentresident status by virtue of a prior marriage to a
UnitedStates citizen or lawful permanent resident, unless:
1) A period of five years has elapsed since you became alawful permanent resident; or
E.
Copies. If these instructions state that a copy of adocument may be filed with this petition, submit a copy.If you choose to send the original, USCIS may keep thatoriginal for our records. If USCIS requires the original,it will be requested.
A. If you were born in the United States, a copy of your birthcertificate, issued by the civil registrar, vital statisticsoffice, or other civil authority. If a birth certificate is notavailable, see Section 9 on Page 3 titled, "What If aDocument Is Not Available?"
B.
A copy of your naturalization certificate or certificate ofcitizenship issued by USCIS or the former INS.
C.
A copy of Form FS-240, Report of Birth Abroad of aCitizen of the United States, issued by an
AmericanEmbassy or Consulate.
E. An original statement from a U.S. consular officerverifying that you are a U.S. citizen with a valid passport.
F.
If you do not have any of the above documents and youwere born in the United States, see instructions under Section 9 on Page 3 , "What If a Document Is
NotAvailable?"
If you are a permanent resident, you must file your petitionwith a copy of the front and back of your permanent residentcard. If you have not yet received your card, submit copies ofyour passport biographic page and the page showingadmission as a permanent resident, or other evidence ofpermanent resident status issued by USCIS or the former
INS.
You have to prove that there is a family relationship betweenyou and your relative. If you are filing for:
1) A copy of your marriage certificate.
2) If either you or your spouse were previously marriedsubmit copies of documents showing that all priormarriages were legally terminated.
3) A passport-style color photo of yourself and apassport-style color photo of your husband or wife,taken within 30 days of the date of this petition.
Thephotos must have a white background and be glossyunretouched and not mounted. The dimensions of thefull frontal facial image should be about 1 inch fromthe chin to top of the hair. Using pencil or felt pen,lightly print the name (and Alien Registration
Number,if known) on the back of each photograph.
4) A completed and signed Form G-325A,
BiographicInformation, for you and a Form G-325A for yourhusband or wife. Except for your name and signatureyou do not have to repeat on the Form G-325A theinformation given on your Form I-130 petition.
NOTE: In addition to the required documentation listed in
1)through 4) above, you should submit one or more of thefollowing types of documentation that may evidence that bonafides of your marriage:
1) Documentation showing joint ownership or property; or
2) A lease showing joint tenancy of a common residence; or
3) Documentation showing co-mingling of financialresources; or
4) Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or
5) Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or
6) Any other relevant documentation to establish that thereis an ongoing marital union.
B. A child and you are the mother: Submit a copy of thechild's birth certificate showing your name and the nameof your child.
C. A child and you are the father: Submit a copy of thechild's birth certificate showing both parents' names andyour marriage certificate.
D.
A child born out of wedlock and you are the father: If thechild was not legitimated before reaching 18 years old,you must file your petition with copies of evidence that abona fide parent-child relationship existed between thefather and the child before the child reached 21 years.This may include evidence that the father lived with thechild, supported him or her, or otherwise showedcontinuing parental interest in the child's welfare.
E.
A brother or sister: Submit a copy of your birthcertificate and a copy of your brother's or sister's birthcertificate showing that you have at least one commonparent. If you and your brother or sister have a commonfather but different mothers, submit copies of the marriagecertificates of the father to each mother and copies ofdocuments showing that any prior marriages of eitheryour father or mothers were legally terminated. If youand your brother or sister are related through adoption orthrough a stepparent, or if you have a common father andeither of you were not legitimated before your 18thbirthday, see also H and
I below.
F. A mother: Submit a copy of your birth certificateshowing your name and your mother's name.
G. A father: Submit a copy of your birth certificate showingthe names of both parents. Also give a copy of yourparents' marriage certificate establishing that your fatherwas married to your mother before you were born, andcopies of documents showing that any prior marriages ofeither your father or mother were legally terminated. Ifyou are filing for a stepparent or adoptive parent, or if youare filing for your father and were not legitimated beforeyour
18th birthday, also see D, H and I .
H. Stepparent/stepchild: If your petition is based on astepparent-stepchild relationship, you must file yourpetition with a copy of hte marriage certificate of thestepparent to the child's natural parent showing that themarriage occured before the child's 18th birthday, andcopies of documents showing that any prior marriageswere legally terminated.
I. Adoptive parent or adopted child: If you and the personyou are filing for are related by adoption, you must submita copy of the adoption decree(s) showing that the adoptiontook place before the child became 16 years old.
Form I-130 Instructions (Rev. 01/05/07)Y Page 2
If you adopted the sibling of a child you already adopted,you must submit a copy of the adoption decree(s) showingthat the adoption of the sibling occurred before that child's18th birthday.
In either case, you must also submit copies of evidencethat each child was in the legal custody of and residedwith the parent(s) who adopted him or her for at least twoyears before or after adoption. Legal custody may only begranted by a court or recognized government entity and isusually granted at the time of the adoption is finalized.However, if legal custidy is granted by a court orrecognized government agency prior to the adoption, thattime may count to fulfill the two-year legal custodyrequirement.
If either you or the person you are filing for is using a nameother than shown on the relevant documents, you must fileyour petition with copies of the legal documents that effectedthe change, such as a marriage certificate, adoption decree orcourt order.
In such situation, submit a statement from the appropriatecivil authority certifying that the document or documents arenot available. You must also submit secondary evidence,including:
A. Church record: A copy of a document bearing the sealof the church, showing the baptism, dedication orcomparable rite occurred within two months after birth,and showing the date and place of the child's birth, date ofthe religious ceremony and the names of the child'sparents.
B. School record: A letter from the authority (preferably thefirst school attended) showing the date of admission to theschool, the child's date of birth or age at that time, place ofbirth, and names of the parents.
C. Census record: State or Federal census record showingthe names, place of birth, date of birth or the age of theperson listed.
D. Affidavits: Written statements sworn to or affirmed bytwo persons who were living at the time and who havepersonal knowledge of the event you are trying to prove.For example, the date and place of birth, marriage ordeath. The person making the affidavit does not have tobe a U.S. citizen. Each affidavit should contain thefollowing information regarding the person making theaffidavit: his or her full name, address, date and place ofbirth and his or her relationship to you, if any, fullinformation concerning the event, and complete detailsexplaining how the person acquired knowledge of theevent.
If you reside in the United States, file this form at the
USCISService Center having jurisdiction over your place ofresidence.
If you live in Connecticut, Delaware, District of
Columbia,Maine, Maryland, Massacusetts, New Hampshire,
NewJersey, New York, Pennsylvania, Puerto Rico, Rhode
Island,Vermont, U.S. Virgin Islands, Virginia or West
Virginia, mailthis petition to:
USCIS Vermont Service
Center75 Lower Welden
StreetSt. Albans, VT
05479-0001
If you live in Alaska, Colorado, Idaho, Illinois, Indiana,
Iowa,Kansas, Michigan, Minnesota, Missouri, Montana,
Nebraska,North Dakota, Ohio, Oregon, South Dakota,
Utah,Washington, Wisconsin or Wyoming, mail this petition to:
USCIS Nebraska Service
CenterP.O. Box 87130Lincoln,
NE 68501-7130
If you live in Alabama, Arkansas, Florida,
Georgia,Kentucky, Louisiana, Mississippi, New Mexico,
NorthCarolina, Oklahoma, South Carolina, Tennessee or
Texas,mail this petition to:
USCIS Texas Service
CenterP.O. Box
850919Mesquite, TX
75185-0919
If you live in Arizona, California, Guam, Hawaii or
Nevada,mail this petition to:
USCIS California Service
CenterP.O. Box 10130Laguna
Niguel, CA 92607-0130
NOTE: If the Form I-130 petition is being filed concurrentlywith Form I-485, Application to Register
PermanentResidence or Adjust Status, submit both forms at the localUSCIS office having jurisdiction over the place where theForm I-485 applicant resides.
Applicants who reside in the jurisdiction of the
Baltimore,MD, USCIS District Office should submit the
Form I-130petition and the Form I-485 concurrently to:
USCIS Vermont Service
Center75 Lower Welden
StreetSt. Albans, VT
05479-0001
Petitioners residing abroad: If you live in Canada, file yourpetition at the Vermont Service Center. Exception: If youare a U.S. citizen residing in Canada, and you are petitioningfor your spouse, child, or parent, you may file the petition atthe nearest American Embassy or Consulate, except for thosein Quebec City. If you reside elsewhere outside the UnitedStates. file your relative petition at the
USCIS office overseasor the U.S. Embassy or Consulate having jurisdiction over thearea where you live. For further information, contact thenearest American Embassy or
Consulate.
You must pay $190.00
to file this form. The fee will not berefunded, whether the petition is approved or not.
Do notmail cash.
All checks or money orders, whether U.S. orforeign, must be payable in U.S. currency at a financialinstitution in the United States. When a check is drawn onthe account of a person other than yourself, write your nameon the face of the check. If the check is not honored, USCISwill charge you $30.00.
Form I-130 Instructions (Rev. 01/05/07)Y Page 3
Pay by check or money order in the exact amount. Make thecheck or money order payable to the Department ofHomeland Security , unless:
A. You live in Guam and are filing your petition there,make the check or money order payable to the"Treasurer, Guam" or
B.
You live in the U.S. Virgin Islands and you are filingyour petition there, make your check or money orderpayable to the "Commissioner of Finance of the
VirginIslands."
Title 8, United States Code, Section 1325, states that anyindividual who knowingly enters into a marriage contract forthe purpose of evading any provision of the immigration lawsshall be imprisoned for not more than five years, or fined notmore than $250,000, or both.Title 18, United States Code,
Section 1001, states thatwhoever willfully and knowingly falsifies a material fact,makes a false statement or makes use of a false document willbe fined up to $10,000, imprisoned for up to five years, orboth.
When a petition is approved for the husband, wife, parent orunmarried minor child of a United States citizen, thesepersons are classified as immmediate relatives. They do nothave to wait for a visa number because immediate relativesare not subject to the immigrant visa limit.
For alien relatives in preference categories, a limitednumber of immigrant visas are issued each year.
The visasare processed in the order in which the petitions areproperly filedand accepted by the USCIS. To beconsidered properly filed,a petition must be fullycompleted and signed, and the fee must be paid.
For a monthly report on the dates when immigrant visasare available, call the U.S. Department of State at
(202)663-1541, or visit our web site at: www.travel.state.gov.
Pursuant to section 216 of the Immigration and
NationalityAct, your alien spouse may be granted conditionalpermanent resident status in the United States as of the datehe or she is admitted or adjusted to conditional status by aUSCIS officer. Both you and your conditional residentspouse are required to file Form I-751, Joint Petition toRemove Conditional Basis of Alien's Permanent
ResidentStatus, during the 90-day period immediately before thesecond anniversary of the date your alien spouse wasgranted conditional permanent resident status.
Otherwise, the rights, privileges, responsibilites and dutiesthat apply to all other permanent residents apply equally to aconditional permanent resident. A conditional permanentresident is not limited to the right to apply for naturalization,file petitions on behalf of qualifying relatives or residepermanently in the United States as an immigrant inaccordance with our nation's immigration laws.
We request the information on this form to carry out theimmigration laws contained in Title 8, United States
Code,Section 1154(a). We need this information to determinewhether a person is eligible for immigration benefits. Theinformation you provide may also be disclosed to otherFederal, state, local and foreign law enforcement andregulatory agencies during the course of the investigationrequired by the USCIS. You do not have to give thisinformation. However, if you refuse to give some or all ofit, your petition may be denied.
A person is not required to respond to a collection ofinformation unless it displays a currently valid OMB controlnumber. The public reporting burden for this collection ofinformation is estimated to average 90 minutes per response,including the time for reviewing instructions, searchingexisting data sources, gathering and maintaining the dataneeded, and completing and reviewing the collection ofinformation. Send comments regarding this burden estimateor any other aspect of this collection of information, includingsuggestions for reducing this burden to the: U.S.
Citizenshipand Immigration Services, Regulatory
Management Division,111 Massachutts, Avenue N.W.,
Washington, D.C. 20529;OMB No.1615-0012. Do not mail your completed petitionto this address.
Did you answer each question on the Form I-130 petition?
Did you sign and date the petition?
Did you enclose the correct filing fee for each petition?
Did you submit proof of your U.S. citizenship or
NOTE: Failure to file the Form I-751 joint petition toremove the conditional basis of the alien spouse's permanentresident status will result in the termination of his or herpermanent resident status and initiation of removalproceedings.
If you are filing for your husband or wife, did you include:
His or her photograph?
Your completed Form G-325A?
His or her Form G-325A?
I nformation and Forms: For information on immigration laws, regulations and procedures or to order USCIS forms, callour toll-free forms line at I-800-870-3676, our National Customer Service Center at 1-800-375-5283 or visit the
USCISwebsite at www.uscis.gov.
Form I-130 Instructions (Rev. 01/05/07)Y Page 4
Department of Homeland Security U.S.
Citizenship and Immigration Services
DO NOT WRITE IN THIS BLOCK - FOR USCIS OFFICE ONLY
A#
Action Stamp Fee Stamp
Section of Law/Visa Category
201(b) Spouse - IR-1/CR-1
201(b) Child - IR-2/CR-2
201(b) Parent - IR-5
203(a)(1) Unm. S or D - F1-1
203(a)(2)(A)Spouse - F2-1
203(a)(2)(A) Child - F2-2
203(a)(2)(B) Unm. S or D - F2-4
203(a)(3) Married S or D - F3-1
203(a)(4) Brother/Sister - F4-1
Remarks:
You are the petitioner. Your relative is the beneficiary.
Petition was filed on:
Personal Interview
Pet. Ben. " A" File Reviewed
Field Investigation
203(a)(2)(A) Resolved
OMB #1615-0012; Expires 11/30/07
(priority date)
Previously Forwarded
I-485 Filed Simultaneously
204(g) Resolved
203(g) Resolved
1. I am filing this petition for my:
Husband/Wife Parent
Brother/Sister Child
2. Are you related by adoption?
Yes No
3. Did you gain permanent residence through adoption?
Yes
No
1. Name (Family name in CAPS) (First) (Middle) 1. Name (Family name in CAPS) (First) (Middle)
2. Address (Number and Street)
(Town or City)
3. Place of Birth (Town or City)
(State/Country)
4. Date of Birth 5. Gender
Male
Female
7. Other Names Used (including maiden name)
8.Date and Place of Present Marriage (if married)
(Zip/Postal Code)
(State/Country)
6. Marital Status
Married
Widowed
Single
Divorced
9. U.S. Social Security (if any) 10. Alien Registration Number
11. Name(s) of Prior Husband(s)/Wive(s)
(Apt. No.)
12. Date(s) Marriage(s) Ended
2.Address (Number and Street) (Apt. No.)
(Town or City)
3. Place of Birth (Town or City)
(State/Country) (Zip/Postal Code)
(State/Country)
4. Date of Birth 5. Gender
Male
Female
7. Other Names Used (including maiden name)
6. Marital Status
Married Single
Widowed Divorced
8. Date and Place of Present Marriage (if married)
9. U.S. Social Security (if any) 10. Alien Registration Number
11. Name(s) of Prior Husband(s)/Wive(s) 12. Date(s) Marriage(s) Ended
13. If you are a U.S. citizen, complete the following:
My citizenship was acquired through (check one):
Birth in the U.S.
Naturalization. Give certificate number and date and place of issuance.
Parents. Have you obtained a certificate of citizenship in your own name?
No Yes. Give certificate number, date and place of issuance.
14. If you are a lawful permanent resident alien, complete the following:
Date and place of admission for or adjustment to lawful permanentresidence and class of admission.
14b. Did you gain permanent resident status through marriage to a U.S. citizen or lawful permanent resident?
No
INITIAL RECEIPT RESUBMITTED
RELOCATED: Rec'd
13. Has your relative ever been in the U.S.?
Yes
14. If your relative is currently in the U.S., complete the following:
No
He or she arrived as a:
(visitor, student, stowaway, without inspection, etc.)
Arrival/Departure Record (I-94) Date arrived
Date authorized stay expired, or will expire, asshown on Form I-94 or I-95
15. Name and address of present employer (if any)
Date this employment began
16. Has your relative ever been under immigration proceedings?
No Yes Where When
Removal Exclusion/Deportation Rescission Judicial Proceedings
Sent COMPLETED: Appv'd
Denied
Ret'd
Form I-130 (Rev. 01/05/07)Y
17. List husband/wife and all children of your relative.
(Name) (Relationship)
18. Address in the United States where your relative intends to live.
(Street Address)
(Town or City)
19. Your relative's address abroad. (Include street, city, province and country)
(Date of Birth) (Country of Birth)
(State)
Phone Number (if any)
20. If your relative's native alphabet is other than Roman letters, write his or her name and foreign address in the native alphabet.
(Name)
Address (Include street, city, province and country):
21. If filing for your husband/wife, give last address at which you lived together. (Include street, city, province, if any, and country):
From: To:
22. Complete the information below if your relative is in the United States and will apply for adjustment of status.
Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in:
If your relative is not eligible for adjustment of status, he or she will apply for avisa abroad at the American consular post in:
(City) (State) (City) (Country
NOTE: Designation of an American embassy or consulate outside the country of your relative's last residence does not guarantee acceptance forprocessing by that post. Acceptance is at the discretion of the designated embassy or consulate.
1. If separate petitions are also being submitted for other relatives, give names of each and relationship.
2. Have you ever before filed a petition for this or any other alien?
If "Yes," give name, place and date of filing and result.
Yes No
WARNING: USCIS investigates claimed relationships and verifies the validity of documents. USCIS seeks criminal prosecutions when familyrelationships are falsified to obtain visas.
PENALTIES: By law, you may be imprisoned for not more than five years or fined $250,000, or both, for entering into a marriage contract for thepurpose of evading any provision of the immigration laws. In addition, you may be fined up to $10,000 and imprisoned for up to five years, or both, forknowlingly and willfully falsifying or concealing a material fact or using any false document in submitting this petition.
YOUR CERTIFICATION: I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct.Furthermore, I authorize the release of any information from my records that the U.S. Citizenship and Immigration Services needs to determine eligiblityfor the benefit that I am seeking.
Date
Phone Number
( )
I declare that I prepared this document at the request of the person above and that it is based on all information of which I have any knowledge.
Print Name Signature
Date
Address G-28 ID or VOLAG Number, if any.
Form I-130 (Rev. 01/05/07)Y Page 2